Legal Definitions - sacer

In ancient Roman law, sacer referred to an individual who had committed such a grave offense that they were declared "sacred" in a negative sense. This status meant they were considered forfeited to the gods and, crucially, placed entirely outside the protection of human law.

When a person was declared sacer, they lost all legal rights and standing within Roman society. This was a severe form of punishment, effectively a civil death sentence, because it meant:

• Anyone could kill them without facing legal prosecution or punishment.
• They had no right to legal recourse or defense.
• Their property could be seized without legal challenge.

Essentially, a sacer individual was no longer considered a legitimate member of the community under the law, becoming an outcast whose life and property were forfeit.

Here are a few examples illustrating the concept of sacer:

• Example 1: Desecration of a Sacred Site

  Imagine a Roman citizen, Marcus, who deliberately and publicly desecrates a highly revered temple dedicated to Jupiter, perhaps by defiling its altar or stealing sacred artifacts. Such an act would be considered an extreme offense against the gods and the Roman state.

  How it illustrates sacer: If Marcus were declared sacer, he would immediately lose all legal protection. Any other citizen could kill him without fear of legal reprisal, as he would be seen as having offended the divine order and forfeited his place within the human legal system. His life would be considered an offering to the offended gods, and his death would not be treated as a crime.

• Example 2: Profound Betrayal of the State

  Consider a Roman official, Lucius, who is discovered to have secretly conspired with an enemy kingdom during a time of war, providing them with critical military intelligence that leads to significant Roman losses. This act of treason would be seen as an ultimate betrayal of Rome.

  How it illustrates sacer: If Lucius were declared sacer, he would be stripped of all civil rights and legal standing. He could be killed by any Roman citizen, and his property would be confiscated by the state, reflecting his complete expulsion from the legal and social fabric of Rome due to his egregious act against the community and its security.

• Example 3: Breaking a Solemn Public Oath

  Suppose a Roman citizen, Julia, makes a solemn public oath before the Senate and the gods to uphold a critical civic duty, but then deliberately and flagrantly breaks that oath in a way that brings great dishonor and perceived divine wrath upon the entire community.

  How it illustrates sacer: Such a severe breach of a sacred public oath could lead to Julia being declared sacer. This status would mean she is no longer considered a legitimate member of the community under the law. Her life and property would be forfeit, and her death would not be considered a crime, as she would be seen as having alienated herself from both human and divine protection.